Defense will seek to have Norwich murder case dismissed

Resolution appears to be moving out of reach in the ongoing case of Bruce B. Gathers, one of two men charged in the 2006 shooting death of 19-year-old Sean Hill in Norwich.

GREG SMITH

Resolution appears to be moving out of reach in the ongoing case of Bruce B. Gathers, one of two men charged in the 2006 shooting death of 19-year-old Sean Hill in Norwich.

Gathers, 32, the alleged gunman, and co-defendant Gregory L. Smith, 29, each are charged with murder in Hill’s shooting death. Because Gathers has continued to reject offers from the state to settle his case short of trial, his case has been placed on the jury list for a possible trial.

Defense attorney Michael Fitzpatrick, however, plans to file a motion arguing that the state’s case against Gathers amounts to double jeopardy, according to courtroom testimony.

Judge Patrick J. Clifford said in court last week that once the proper paperwork is filed, he will hear arguments.

Fitzpatrick’s argument is likely to focus on the fact that Gathers and Smith were previously charged and convicted in connection with a robbery linked to Hill’s shooting death.

2006 killing

Hill’s body was discovered shortly after midnight on June 3, 2006, at the rear of 60 Boswell Ave. Hill had been shot in the abdomen at close range, reports show. At the time of the shooting, an acquaintance of Hill was robbed and pistol-whipped inside the apartment complex at 64 Boswell Ave. and chased outside.

Witnesses now say it was Gathers who fired the shot that killed Hill, according to police reports. But in 2006, Norwich police had applied for a warrant charging the men with murder. The warrant was never signed because of an apparent lack of evidence.

Gathers was arrested in November 2006 on robbery charges and in 2008 was convicted of first-degree robbery with a firearm and sentenced to four years in prison and three years’ special parole in connection with the robbery.

A murder warrant was obtained for Gathers in June after investigation by the Southeastern Connecticut Cold Case Unit.

Fitzpatrick could not be reached for comment, though his motion is expected to be filed in coming weeks. No timeline has been announced.